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Dáil Éireann debate -
Wednesday, 18 May 1994

Vol. 442 No. 9

Private Members' Business. - Social Welfare Equality Payments Claims: Motion (Resumed).

The following motion was moved by Deputy Rabbitte on Tuesday, 17 May 1994:
"That Dáil Éireann, noting the out of court settlement by the Department of Social Welfare of a case taken by FLAC on behalf of 1,800 married women claiming arrears of social welfare payments as required under EU equality directives,
— calls on the Government to make full payment to all other married women who were similarly discriminated against,
— deplores the refusal of the Department of Social Welfare to inform women of their rights, thus forcing many to take legal action, and
— calls on the Minister to make a full disclosure on all such cases settled and claims pending."
Debate resumed on amendment No. 1:
To delete all words after "That" and substitute the following:
"Dáil Éireann, noting:
— the introduction of restrospective legislation in June, 1992, which made good the default arising from the delay in 1984 in implementing EC Directive 79/7 on equal treatment between men and women in matters of social security,
— the extensive efforts of the Department of Social Welfare in identifying all potential beneficiaries and issuing personalised claim forms to all of those involved and
— the payment of all entitlements under the retrospective legislation six months in advance of the statutory deadline,
recognises that claims made for payments in addition to or over and above those provided for in legislation would involve double payments to the same households in many cases."
—(Minister for Social Welfare.)

I congratulate the Fine Gael spokesman on Social Welfare for pursuing this matter and Democratic Left for tabling the motion. It is important that we discuss the issue. This and previous Governments have always had something better to spend their money on than equality or developing equal rights for women. This case is the latest in a long series where Governments have been forced, usually protesting, to develop and put in place rights for women.

Individual women and women's groups very often fought long and hard in European Courts for their rights. The list is long and the women fighting this case illustrate yet again how women must band together and go to court in order to take their rightful place in this democracy. We do, indeed, have half a democracy. Is it acceptable that this case should drag on for eight years and that an organisation, FLAC, which itself receives money from the Government has had to continue to fight in the courts and outside over a period of years to gain these rights? Why do we have this minimising, delaying, begrudging approach to equality?

The following rights were only recognised after women fought long and hard for them in the courts: the equal right of mothers to custody of their children; the right of women to work; the right of women to sit on juries; the right of women to contraception; the right of married women to be taxed separately and the right to free legal aid in family law cases.

In many cases the rights of women have been recognised only when it became necessary to do so in order to comply with obligations under EU Treaties.

Yesterday the Minister constantly referred to taxpayers' money.

Yes, of course, it is taxpayers' money we are talking of but there are many who would support the taxes they pay being used to deal with outstanding equality arrears as opposed to the less important things they see their money being spent on.

The Minister said, "the settlements made are subject to conditions as to confidentiality and consequently the terms involved cannot be disclosed". Who imposed those terms of confidentiality on the women? What is the legal standing of that request or demand for confidentiality and what are the reasons for it? Yesterday the Minister implied that the solicitors had demanded a confidentiality clause — is it not true that it was the Government and the Department who insisted on a confidentiality clause?

That is not true. The Deputy asked for clarification. It was agreed between the parties in the settlement. It had nothing to do with me.

The Minister is saying the confidentiality clause had nothing to do with his Department?

That is not what I am told.

Was there any pessure from the Department?

The Minister should not dig a deeper hole. It is big enough already.

So much for transparency in Government. I pay tribute to FLAC for its work and the constant attention it has given to this case. As well as to other cases and individuals. I remember many years ago going into a cold empty office in north Dublin where I was doing some voluntary work with FLAC. I have never forgotten the spirit of social justice with which they worked then and which they still seek.

FLAC has consistently argued, and I agree, that women entitled to arrears of welfare payments should be paid their full entitlements without being forced to institute lengthy and costly legal proceedings against the Department.

Yesterday the Minister said that the payments sought would result in double payments and, therefore that it would be unacceptable that they be paid. He said that payments over and above those provided for in the 1993 repayment scheme would result in double payments to households in many cases. However, at the time, adult dependency allowances and child dependency allowances were paid to married men, not to households. These were made automatically and without any reference to the circumstances of the wives concerned. Under the repayment scheme, a married woman was deemed not entitled to arrears of adult allowances where her husband had claimed a welfare payment between 1984 and 1986 or where he had been working and earning more than £56 per week. In this latter case, it is not true to say that the adult payment has already been paid to the household. Rather a woman is disqualified by reason of a means test which was not applied to a man in the same situation prior to 1986. The Minister ignored this totally in his speech.

As for the child dependency allowances, again these were paid to the husband and not to the family. In the first case of McDermott & Cotter, the European Court of Justice stated quite clearly that in the absence of measures implementing Article 4 (1) of the Directive, women are entitled to have the same rules applied to them as are applied to men who are in the same situation, since, where the Directive has not been implemented, those rules remain the only valid point of reference. In the second reference of this case to the European Court, they ruled that "... if after 23 December 1984 a married man automatically received increases in benefits in respect of persons deemed to be dependents without having to prove that those persons were actually dependent upon him, a married woman in the same circumstances was also entitled to those increases, and no additional conditions applicable only to married women could be imposed".

If the Minister listened he might understand.

I do understand but I am not in a position to comment on a case before the court.

It is being explained to the Minister.

This matter is before the court and I cannot engage in argument about it here.

The Minister said that before but he settled.

I am constrained in that regard.

Deputy Fitzgerald without interruption, please.

The court went on to state:

According to the Irish Government, to grant such a right to married women could, in certain circumstances, result in double payment of the same increase to the same families, in particular where both spouses received social security benefits during the period at issue. Such payments would be manifestly absurd and would infringe the prohibition on unjust enrichment laid down by national law.

To permit reliance on that prohibition would enable the national authorities to use their own unlawful conduct as a ground for depriving Article 4 (1) of the directive of its full effect.

The reply to the first question must therefore be that Article 4 (1) of the directive must be interpreted as meaning that if, after the expiry period allowed for implementation of the directive, married men have automatically received increases in social security benefits in respect of a spouse and children deemed to be dependants without having to prove actual dependency, married women without actual dependants are entitled to those increases even if in some circumstances that will result in double payment of the increases.

It is clear from this statement that the 1992 regulations do not, therefore, entitle married women to the payments which they would otherwise have received if the Directive had been implemented on time.

The Minister referred to the issue of transitional payments. While it is true that these were designed to compensate for a loss of income suffered as a result of equality being introduced, his conclusion that this excludes women from arrears of these payments is incorrect. Only married men could show that they had suffered a loss of income in 1986 as they had previously benefited from the automatic dependency allowances which ended in May 1986. As married women did not get these allowances automatically they, therefore, did not lose out in 1986. Thus, if they had been treated equally with men they would have suffered the same losses in 1986 and thereby qualified for transitional payments.

Furthermore, these payments are totally ignored by the 1993 regulations and, therefore, the only law on them remains the decision in the Cotter and McDermott II case on which the European Court of Justice stated:

. . . where a member state has included in the legislation intended to implement (the Directive), adopted after the expiry of the period allowed by the directive, a transitional provision providing for compensatory payments for married men who have lost their entitlement to an increase in their social security benefits in respect of a spouse deemed to be dependent because actual dependency cannot be shown to exist, married women in the same family circumstances are entitled to the same payments even if this infringes the prohibition on unjust enrichment laid down by national law.

Again these payments were not made to households but to the men directly. In the case of women who were claiming and whose husbands were working at the time no such payment was made to the "household" at all. Yet a married man whose wife was working and earning more than £55 per week received a transitional payment of £10 per week. Unfortunately, it appears that because of the stance of the Minister and the Government women welfare claimants who are claiming arrears of these payments will have to continue to rely on the courts to vindicate their rights under EU law.

Did the Deputies not ask Deputy John Bruton why he did not pay them in 1986?

That is history, we do not want a history lesson.

I call Deputy Ivor Callely.

It is hypocritical of Fine Gael to come in here——

A history lesson.

Let us look to the future.

Deputy Callely without interruption, please.

Thank you, a Leas-Cheann Comhairle. I wish to share my time with Deputies Seán Kenny and Ó Cuív.

Is that agreed? Agreed.

The issue with which we are dealing, equal treatment for men and women in the area of social security, is complicated as it relates to a 1984 EU Directive. I do not wish to embarrass any side of the House but I wish to ask simple, straightforward questions.

What has Fianna Fáil been doing for the past seven years?

Did the Minister write the Deputy's script?

We will have another history lesson.

I do not propose to give a history lesson. In the interests of fairness I want to put a few facts on the record.

In the interests of fairness the Government should pay up.

The deadline for the implementation of the EU Directive on equal treatment of men and women in matters of social security was December 1984. The then Government, led by Fine Gael, failed to implement this important directive by the required deadline.

The Deputy's party in Government——

There was no excuse for this failure other than total incompetency by the then Government, led by Fine Gael.

It is blaming the Deputy's party.

It was a Labour Party Minister.

The way in which equal treatment was to be implemented——

Does the Deputy remember Barry Desmond?

——was effectively determined by an inter-departmental working group set up in 1978 by the then Fianna Fáil Government. Despite the fact that the working group reported in 1981 the Government did not introduce the necessary legislation until December 1984 and it was not enacted until July 1985. It delayed further the implementation of the directive by not bringing the legislation into force until May and November 1986. The legislation could and should have been applied retrospectively at that time to cover——

What happened during the past seven years?

Who was Minister for Finance at the time?

Unfortunately the legislation was not made retrospective.

(Interruptions.)

I think his name began with a "B", Bruton.

The Minister has a lot to answer for.

The Deputy in possession is entitled to proceed without interruption.

He should be ably assisted in making sense as well.

The legislation was introduced only from the current date and did not provide for equal treatment in respect of the period of delay. The problem was further compounded by the introduction of transitional payments to cushion families from the sudden drop in payments with the introduction of new dependency arrangements in November 1986.

Should we not have done that?

This is a catalogue of delay, dithering and incompetency and indicates an inability to act.

Should people have lost £40 per week——

I am being heckled by Deputies on the Fine Gael benches. These are the facts as I understand them——

Should we not have done that?

——and if the Deputy thinks I am incorrect on any one of them I will be very happy to take up the challenge.

The Deputy asked a question.

Should we not have attempted——

These are the facts as I understand them.

The Deputy should get back to his departmental script.

This heckling is typical of the dithering——

The what?

The Deputy is trying to think——

He is trying to think of a clean word.

I am trying to think of a suitable word.

It is the dithering of the Minister about which people are concerned.

The Minister should read his script for the Deputy.

It is not my script.

Deputy Callely without interruption, please.

The Deputies opposite will make little political gain from this attack on the Government. I went to the trouble of carrying out research into this matter and the delays I outlined were not caused by the present Minister whom I think is regarded as one of the most caring Ministers for Social Welfare. I do not think anyone would disagree with me when I say he is one of the best Ministers for Social Welfare we have had for a long time.

The Deputy should ask the women outside the gate.

All the dates to which I referred relate to a time when the present Government was not in a position to do anything about the matter. The fact that the Opposition is attempting to point the finger at Fianna Fáil is incorrect because we handled the position in an honourable way ensuring that all women who had an entitlement under the retrospective legislation introduced in 1992——

That is incorrect.

Well, then, let the Minister answer.

The Deputy raised it.

The Minister is saying that I am correct. I am merely posing a couple of questions. In addition, the first legal proceedings that arose from the delay in implementing the provisions of the necessary legislation were taken as early as 1985. Those and subsequent court proceedings gave rise to complex legal issues. On three occasions the Irish courts referred to the European Court of Justice for preliminary rulings. In the light of the legal clarifications provided by the European Court, the Government introduced retrospective legislation in 1992 which provided for equal treatment in respect of the period of delay. Because of the heckling, a Leas-Cheann Comhairle, I have lost track of the time. How many minutes have I remaining?

The Deputy has been speaking for some seven minutes.

The Deputy should get to the present day.

This new legislation made good the fault that arose from the delay.

The Deputy should get to the present day.

Subject to certain provisions, designed to avoid double payments, the legislation entitled married women to payments they would have received if the directive had been implemented on time, but the Deputy's party failed to do so. The legislation retrospectively implemented the provisions of that directive. The Department of Social Welfare made extensive efforts to identify all potential beneficiaries under the retrospective legislation and issued claim forms to the women concerned. All claims have been processed and in excess of 70,000 women with an entitlement under the retrospective legislation were paid in full by the end of 1993.

That is not true.

Deputy De Rossa says I am incorrect. Indeed I hear the Minister already saying I am correct.

Will the Opposition allow Deputy Callely to speak? They spoke for long enough last evening.

Fine Gael could have done this in 1986 but, for reasons best known to itself, it did not. I am asking a lot of questions of the Minister. Perhaps I should ask you a Leas-Cheann Comhairle, to permit Deputy Allen to answer the question.

I will answer.

Why did Fine Gael decide in 1986, for whatever reason — and Deputy Allen will now give us the reason — not to make the necessary payments? It is time it came clean and told the people why it failed to act when it should have.

May I answer the question? I am prepared to answer it.

I cannot allow the Deputy do do so.

Indeed this debate would not be taking place if Fine Gael had done the job properly. Instead it and Democratic Left attempted to use the fact that proceedings initiated since the retrospective legislation was introduced in 1992, for their own political purposes——

Why is the Deputy's party in Government initiating it, because claims are being refused?

I stress that this legislation made good the fault of the delay period. The recent statements in a number of cases arose because they were taken before the retrospective legislation was introduced. The people involved in legal proceedings since the introduction of the retrospective legislation are making claims for payments in addition to and over and above those provided for in the 1992 legislation.

Yes, the 1992 legislation.

It is my understanding that in excess of 50 per cent of them are——

What is the difference between women——

Subject to certain provisions it was decided to avoid double payments, that the married women involved should be paid the amounts to which they would have been entitled if the directive had been implemented on time.

If the Deputy had been here last evening we could have explained that to him.

These interruptions must stop.

The point at issue is whether equal treatment has been properly provided for. It is now a matter which can only be decided through the courts because the cases will be heard, I understand, at the end of June. The Minister has already assured this House that the Government will honour its responsibilities in this area arising from those court proceedings. I welcome that assurance although I deeply regret — I know many other backbenchers feel the same — that this was not dealt with in the directive. However, they choose to ignore it in 1984, 1985, 1986 and 1987.

(Interruptions.)

I look forward to Deputy Allen clarifying the issue for me. However, his party chose to ignore it. Who is responsible?

The Minister sitting in front of the Deputy is responsible, the Deputy's party Minister——

(Interruptions.)

Deputy Callely should be careful what he reads out.

Order, please, Deputies.

The Minister said last evening and made it quite clear that he would honour the court decision.

He has to honour it.

Unfortunately, I am led to believe that the Minister has no alternative now but to await the court proceedings and then honour the decision.

(Interruptions.)

Determining entitlements on the basis now being sought would involve, in certain cases, making double payments which could not be justified by any reasonable criteria——

Why were 1,800 people paid?

For example, if a couple were in receipt of a social welfare payment in the delay period it would involve paying each of them an increase for their spouse, as an adult dependant, in addition to their personal rate of payment and paying each of the couple the full rate of increases for children. This would involve paying him for her, as a dependant and, at the same time, paying her for him, as her dependant, and paying them both for the children. Effectively this would mean paying the same family twice, two personal rates, two adult dependant payments and double rates for the children. It would also mean compensating people with transitional payments for a loss they did not incur.

I appeal to Fine Gael to come clean and Democratic Left, who make much of the need for high standards in politics, should stop its campaign of deception and dishonesty. It is utterly wrong and misleading to say that the Government is trying to deprive married people of their entitlements.

Why did they pay out 1,800 people on the steps of the High Court just a month ago?

In the words of his colleague he is sending out of this House——

Let us have some straight talking on this issue. The Minister and his Department have dealt with the issue in an honourable, forthright manner. The fault has been made good and the people concerned have been paid their entitlements in full under the legislation. I hope the outstanding cases will be resolved by the end of June.

After the European elections.

It is regrettable that we should be in this position. There is one party only at which we can clearly point the finger; it cannot escape it. Deputy Durkan — who is in here heckling daily — has arrived to protect Deputy Allen.

(Interruptions.)

Regardless of the noise Deputy Durkan will make in banging his table top and whatever heckling he may engage in, there is one political group only in this House at which the finger can be clearly pointed, and that is Fine Gael, who made an utter and total mess of payments——

(Interruptions.)

Deputy Flaherty should not attempt to point the finger at the other party. If I recall correctly her party was in Government at the time; in fact she may have held a junior ministerial post. They made a total and utter mess of this issue. Total responsibility for this issue lies with one Government only, led by Fine Gael.

(Interruptions.)

Deputy Allen is right to hang his head in shame.

Deputy Callely should be down in the Abbey Theatre reading scripts.

Deputy Kenny, without interruption.

The problem arises because the EC Directive on equal treatment of men and women with regard to social security was not implemented here, when it should have been, in December 1984. It was implemented at various stages in 1986 when men who would otherwise have lost social welfare payments were granted ameliorating payments. A number of court cases were taken successfully by women to establish their entitlement to the proper date of implementation, December 1984 and to establish entitlement to so-called compensatory payments. As a result of the European Court decision various payments are due. The question a woman must establish is, if she were male, what payments she would have received because she is now entitled to them.

Married women who were in receipt of unemployment, disability and injury benefits and invalidity pension between December 1984 — the date the directive should have been implemented — and 15 May 1986 received a weekly rate less than that payable to their male counterparts. They also received unemployment benefit for a shorter period, the amount owing there was paid in 1992, which is not in question. Married women who were eligible for unemployment assistance only in very limited circumstances from December 1984 to November 1986 should have been eligible on the same basis as men. Payments due under this heading were made in 1993. Various problems arise.

Married women who received any social welfare payment between December 1984 and November 1986 — there are various dates in December for the different types of benefit — did not receive an adult dependant allowance in respect of their husbands unless the husband was incapacitated. A man always received an allowance for his wife if she was living with him or was maintained by him. Those women who were living with their husbands at that time are now entitled to claim an adult dependant allowance in respect of their husbands. The same women are entitled to claim a child dependant allowance in respect of their dependent children. Payments were made in 1993 but the women involved were not treated in the same way as men and the new provisions may well be found to be in further breach of the directive.

The Deputy is supporting the motion.

Compensatory payments were made to certain married men who had been receiving adult dependant allowances in respect of their wives at the date on which the new rules on adult dependency came into effect, i.e. November 1986. The amount of these payments varied depending on the circumstances. Men who ceased to get an adult dependant allowance because their wives were getting a social welfare payment received £20 initially. Those men who lost the adult dependant allowance because their wives earned over £50 per week, got £10 per week and the full amount of the child dependant allowance.

Women who were receiving social welfare payments on the relevant dates are now also entitled to those payments. There are no proposals to actually pay these amounts to the women concerned although there is little doubt that they are entitled to receive them. The compensatory payments were paid until July 1992.

That is one vote less for the Minister.

The manner of implementation of Statutory Instrument No. 152 outlines the way in which the retrospective payments were to be made. There is no problem with this directive but there are problems with some of the other items.

The basic position which has been adopted on Statutory Instrument No. 152 is that the current position regarding entitlement to adult dependant allowances and child dependant allowances and the split of unemployment assistance between spouses and cohabitees is applied retrospectively to the period from December 1984 to November 1986. Men and women may be entitled to a household supplement for this period on the same basis. Men were effectively treated differently and even though, theoretically, the adult dependant and child dependant allowances which they were overpaid could now be taken from them, the legislation allows the Minister not to recoup this money. The theoretical legal position as applied retrospectively treats men and women equally, the actual position is quite different.

Some examples of how women's retrospective payments were calculated show the actual position. Married women who were unemployed between December 1984 and November 1986 could have applied for unemployment assistance for the period in question. In order to qualify they had to show that they met all the requirements i.e. they were unemployed, available for and actively seeking work and so on. They also had to pass a means test. They did not receive unemployment assistance on the same basis as married men at that time — their wives' income was assessed in the means test and they qualified for adult and child dependant allowances. Instead, the women got unemployment assistance on the same basis as it is now awarded to married and cohabiting couples.

Married men received adult dependant allowances in respect of their wives regardless of the income of their wives. Married women were not treated in that way in respect of the period in question. Instead the married women concerned could get a household supplement. It is based on the rules now in force rather than on the rules that applied in the relevant period. They could get the household supplement if the husband had an income of less than £50 per week or if he did not have a social welfare payment in his own right. I will give some examples.

A man getting unemployment benefit in 1985, whose wife was employed and earning more than £50 per week, got a personal rate of unemployment benefit, plus adult dependant allowance, plus child dependant allowance. Theoretically his entitlement to adult dependant allowance and child dependant allowance is now withdrawn but it is highly unlikely that the money will be recouped. A woman getting unemployment benefit at the same time, whose husband was earning more than £50 per week, received only unemployment benefit. The retrospective legislation does not entitle her to adult dependant allowance but it does entitle her to half the child dependant allowance.

A man getting unemployment benefit in 1985, and whose wife was also getting unemployment benefit, also got a personal rate of unemployment benefit, plus adult dependant allowance, plus full child dependant allowance. She got a personal rate only. The retrospective legislation disentitles him to adult dependant allowance. She does not get adult dependant allowance but is entitled to half the child dependant allowance. However, the husband has already got full child dependant allowance so the payment is regarded as a payment on account to the wife. She got no retrospective payment in respect of that.

A man getting unemployment assistance in 1985, whose wife was unemployed but not eligible for unemployment assistance, got a personal rate of unemployment assistance, plus adult dependant allowance, plus child dependant allowance. Even if the wife established entitlement to unemployment assistance she did not get any money because of the rule——

Is the Minister listening to this?

Not at all.

This is a well researched and worthwhile contribution.

I am pleased the Deputy has come back into the House, he was absent for a while.

Even if the wife established entitlement to unemployment assistance she did not get any money because the rule about unemployment assistance payable to married couples was applied retrospectively and the money he received was regarded as a payment on account to her.

If an unemployed woman whose husband is employed, could establish a right to unemployment assistance she got whatever personal rate she was entitled to plus half the child dependant allowance.

Some women took their cases to court to get their entitlements before the retrospective legislation was introduced. They were not affected by the legislation. As a result they have got a full settlement of their claim. The Department of Social Welfare has stated its intention to defend any other court cases which arise. There are several in the pipeline.

There are several thousands.

It is estimated that the cost of paying the full settlement is of the order of £250 million.

Is dóigh liom gur cheist an-chasta í seo agus ceist go mb'fhéidir nach bhfuil réiteach ar bith air. Braitheann se ar cén dóigh a bhraithnaíonn tú ar an saol. An bhfeiceann tú daoine mar dhaoine aonaránacha go hiomlán nó an nglacann tú leis go gcomhnaíonn furmhór an phobail i teallaigh agus mar sin go gcaithfidh tú staid teallaigh a thógáil san áireamh?

You cannot change the rules during the game.

There is no easy answer to the problems. Everybody recognises that the law as it pertained originally was inequitable and nobody argues about that. The second principle we all appear to accept is that prior to the 1984 directive the law was inequitable. Nobody is saying we should go back to the introduction of social welfare to pay retrospection to make up the losses. Everyone accepts that while it was wrong we cannot go back to the position as it applied then. It would have been much more simple if in 1986 legislation had been introduced to deal with this matter because the question of retrospection would not have arisen.

Unfortunately, that did not happen. In the interest of families alleviation payments were introduced. I do not criticise the Coalition Government of the day for introducing alleviation payments because the theory behind them was to soften the landing from one set of circumstances to another, where household income would decrease dramatically, affecting the whole family. That was a reasonable step to take at the time.

The question which now arises has two implications. The first concerns cost, where the money would come from and what else could be done with that amount of money. To put the cost of this provision in context, it is equivalent to the 1 per cent income levy, or if we introduce the £9,000 exception, it would be considerably higher, equivalent to a 4 per cent increase in the standard rate of tax or a 9 per cent increase in the top rate of tax, the option I favour. No one is suggesting surely that it should come out of the social welfare budget because every penny is badly needed to keep the system going.

The question of equity will arise if we decide on the double payments option. Because of the delays in introducing the legislation some families will receive double payments, that is double the child dependant allowance and a dependent allowance; a man would get paid for his wife as a dependent spouse and she would get paid for him as a dependent spouse. Families where both spouses were in receipt of social welfare during that period would be far better off than where only one spouse was on social welfare. That would create further inequities. If we take that option I envisage queues of people asking me in what kind of a State do families with both spouses on social welfare receive double payments? This problem has not been highlighted because it is not the flavour of the month but we as politicians have to take the problem more seriously. The reality is that a mess was made in introducing equality of treatment.

A mess is still being made.

Until 1993.

In 1992 a Fianna Fáil Minister set about putting the matter right and paid out a great deal of money in retrospective payments. There is no easy answer but the Opposition sees only one side of the argument. The question is whether to pay double payments to some people because of a quirk in the law. Would it be more equitable to use that money to help widows, dependent spouses or others? It is a matter of equity.

I am disappointed that we have not had an open debate on where equity lies in the situation and where the amount of money would best be spent to help the most needy in society. I compliment the Minister for Social Welfare — if there was ever a reforming Minister in his Department it is Deputy Woods. He has introduced a range of schemes. Widows are now entitled to——

Is means testing the widows pension reform?

It was made clear that there is no such provision in the Social Welfare Act.

It was dealt with in Private Members' Business.

There was never such a provision in the Social Welfare Act and I can get the Deputy a copy of it if he needs one.

Is the Minister denying it?

Mar a dúirt mé ba mhaith liom go mbéadh díospóireacht níos réasúnaí againn ar an ábhar seo.

Sir, with your permission I wish to share my time with Deputies Quill and Flaherty.

Is that agreed? Agreed.

In supporting this motion I suggest a slogan that sums up the Government's performance on this and related issues is "never mind the equality, see the title", the title being the Minister for Equality and Law Reform. This Government seems to be convinced that a Department dedicated to equality is all that is needed and that action does not matter. It thinks what matters is the mission statement, the Programme for Partnership Governments which states that we are committed to equality. This Government is not committed to equality and that is proved by the lack of action. That is why we are having this debate.

Europe has dragged this and previous Governments into the 20th century. It is relevant in the run up to the European elections that we are discussing how equality legislation is dependent on the European Union. It is amost ten years ago since the equal treatment legislation was implemented. It was implemented because we had to comply, not because the gentleman Members of Dáil Éireann thought we should. Until that time men were paid social welfare at a higher rate and for a longer period and women could not claim for dependent husbands. Everything was supposed to change. The intent changed but the actions did not. Women were entitled to the payment but they did not get it, a variation of live horse and you will get grass. This Government is supposed to be committed to equality and it does not make sense that it should push women to the limit, to the extent that FLAC, the free legal advice centres, had to take a case against the Government. At first glance that is very difficult to understand but it fits into the pattern of postponement and contempt for real people, particularly women, which is characteristic of this Government. This Government is an administration of systems, structures, score sheets and wall charts. It might be news to some Members but I have heard that the brightest of the programme managers has a chart on his office wall of the Programme for a Partnership Government so that anybody visiting the office cannot miss the things that have been ticked off. No doubt when the refurbishment of Government offices is completed he will have an electronic wall chart. It is a general view that if the matter is not included in the Programme for a Partnership Government it does not exist.

It is the Dáil that is being refurbished, not Government offices.

The Minister is not up to date.

The Government does not know how to count people.

The Deputy's party are not too good at counting people.

Is the Deputy sending out invitations?

We might not have to.

This Government can award itself points for every tick it puts up on the Programme for Government chart but if the matter is not in the programme it does not figure.

The people who voted for Fianna Fáil and the Labour Party at the last election did not realise what they were letting themselves in for.

We have not enough Fianna Fáil Members.

One would think the Government would do a decent job. The electorate thought they were voting for people of passion and concern who would change the world. What they have got is Members with a chart that depends on the Programme for Partnership Government to decide their every move, a Government that does not pay attention to the problems of real people. It is too busy totting up the precious points. As a former teacher I always regretted the focus on points which has robbed our education system of a great deal of flexibility and humanity, but the education points system is not a patch on the points system that is driving the Government. As long as the Government is earning points in the partnership programme why should it matter that nearly 2,000 women, mná na hÉireann, had to go to court to get the arrears owed to them as of right under a European Union equality directive?

The Deputy should ask Deputy John Bruton and Deputy Alan Dukes.

Shortly after the last general election many of the women who had made it to Dáil Éireann, including Labour Party Deputies, appeared on "The Late Late Show". These Labour Party Deputies are clever and hardworking and know how the political system works. They also have a particular insight into the disadvantages of women. Many of them, however, can now stand over this débácle. How can the Minister of State, Deputy Burton, be happy? Several months ago in reply to my colleague, Deputy Quill, she defended the Minister on this issue.

It is not his fault.

She gave us a brisk administrative lecture which included an assurance that it would not be necessary to engage the services of a solicitor or other legal services in this matter.

The Deputy is on the wrong track; she knows at whom she should be pointing the finger.

Why was it not necessary?

Deputy Callely is getting cranky. It is past his bed time.

Is it not good that there are some young people in the House?

The Deputy would be well advised to listen to the facts.

(Interruptions.)

Deputy Callely, please desist. Deputy Keogh to continue, without interruption from any side of the House.

I am afraid that Deputy Callely's attitude belies his years. According to the Minister of State, Deputy Burton——

I am trying to be helpful. The Deputy is pointing the finger at the wrong person and knows that those responsible are sitting a few seats away.

Deputy Callely, please desist.

It is hard to desist.

I will make it extremely easy for the Deputy. I ask him to desist.

It was the view of the Minister of State that everything was proceeding in an orderly fashion. She used that phrase more than once and I have the report in front of me if Deputy Callely is interested. Let me explain what this patronising phrase means. It means at a time which suits the system, not the people supposedly served by the system; it means in a way that does not put pressure on the Department of Social Welfare, rather on the people who are owed money; it means in a way that we can tick off a chart rather than deal with women who are being driven towards loan sharks because we are sitting on thousands of pounds of their money.

The Deputy's party wants to cut spending.

The Minister of State said: "I have dealt with a substantial number of women who have had dealings with the Department and I know from experience that it is proceeding in an orderly fashion". I wonder why this substantial number of women went to her — to complain, to ask her and the Minister to get a move on, to indicate that if they failed to do so they would have to take the Department to court? If it had been for any of those reasons, the Minister of State who, with her party, is committed to transparency and openness in politics would have told the House.

She is committed to the Minister.

What she told us was that she had met a substantial number of women who have had dealings with her Department and that she knew from experience that it was proceeding in an orderly fashion. That is the reason all those women went to see her. Is the Minister of State owed money by the Department? Is she one of the 1,800 women who felt so degraded, deprived and mistreated by the Government that they took their case to the courts?

There are 70,000 others.

This is the largest group action launched in the history of the State and its significance should not be missed. This is the first Government which has created a Department of Equality and Law Reform and it is being sued by the largest number of women ever to put their names to an action on an equality issue. In other words, we have a Government which is committed to structures and theories and jobs for the boys while real equality issues are left to fester.

I have in front of me a press release issued by the Department of Social Welfare on 12 April. The Department was so happy one would have thought it had won a prize. It confirmed that a settlement had been reached despite the fact that 1,800 women had been driven to sue their own Government in order to get their rights, that the Minister of State had indicated to the House a few months before that everything was proceeding in an orderly fashion and that these women would not have to resort to legal action.

The Minister ate humble pie.

The phrase to which I have referred sums up the Government's approach to the issue of equality which has been rejected by the Progressive Democrats and I am sure by everyone on this side of the House. People are judged by their actions, not by Department letter heads. We cannot postpone this issue forever; it is a human rights issue, not an administrative problem.

Everybody has been paid retrospective payments under the legislation.

The principle in the old Tammany Hall style politics was that if one could not convince them, one confused them. Valiant efforts have been made this evening by Government spokespersons to confuse the issue but there is no confusion. These women are acutely aware of what their entitlements are.

Who was responsible?

At a time when we should be moving towards clarity an attempt is being made to move us towards confusion and to cloud the issue with permutations and combinations to make it difficult for the Minister to make the pay out. I am afraid the Minister has no discretion; we have moved beyond that point. The time for waffle has passed. The issue has been clarified and all that remains is for us to make the payments.

I call on the Minister to introduce a Supplementary Estimate to make these payments as the issue is not going to go away. The European Court of Justice ruled that these women are entitled to the payments in question. This judgment was backed up by the Irish courts. Last April the Minister reached a settlement in respect of 1,800 women on the steps of the courthouse in advance of a hearing as he knew that if the hearing proceeded the case would be lost. In doing so, he conceded that the outstanding payments are now due.

What about the remainder whose cases remain to be dealt with? Do they not have the same rights? Have those rights not been adjudged in the European Court of Justice and in Irish law?

They have not.

I put it to the Minister that as a result of the judgment——

I do not know if the Deputy has lost her sense of responsibility. These matters are before the court. In the past the Progressive Democrats were responsible but they are now asking me to pay out £354 million in double payments without having the matter clarified by the courts.

How much has the Minister paid out?

The Deputy in possession without interruption, please.

Are the Progressive Democrats now accepting a suspension of their tax reform programme?

They would accept the suspension of anything at present.

I have had enough guff——

The Progressive Democrats believe that public expenditure should be cut to fund tax reform. The Deputy is bluffing.

If the Deputy would listen——

I listened to Deputy McDowell last week when he told me what the Progressive Democrats stand for.

I am pointing out to the Minister that in law he has no discretion in this matter.

Wait until June.

The payments must be made.

The Deputy's party was in Government when the retrospective legislation was passed in 1992.

Deputy Quill must be allowed to continue without interruption from any side of the House.

They decided that in law this was the correct step to take.

The Deputy's party took the decision.

The persons present want power but without the responsibility that goes with it.

The Deputy's party was in power in 1992 and had responsibility.

The Deputy's party is in power now.

The Progressive Democrats were in power in 1992.

It was the Minister who made the settlement with 1,800 women.

Little piggies huff and puff, but they do not make any difference when it comes to the reality of the debate.

Deputy Quill's party introduced retrospective legislation in 1992.

The Deputy should go home.

This debate is disorderly. As Private Members' Time is very important I am loath to suspend the House. I will give Deputies who are interrupting an opportunity to compose themselves.

It is deplorable that the Minister has failed, and continues to fail, to discharge his liabilities in respect of the most vulnerable section of society, namely, women claimants in the social welfare system. The majority of those claimants are mothers of large families with many mouths to feed. I have day to day contact with many of those women in my constituency and I can assure the House that the money would be put to good use in supplementing small family budgets. If that money were owing to a more organised pressure group in our society, such as the farmers, it would have been paid out long ago.

It is pointless delaying the matter any longer. There is no legal, moral or administrative justification for further delay. The Minister should square up to his responsibilities and make those payments this year.

I welcome the opportunity of contributing to this debate. I am one of the few who has been a Member throughout the period concerned and, therefore, can speak with direct knowledge.

The role of the Government in this sorry débâcle has been less than honourable. It has blatantly attempted, by legal and other means, to avoid a clear obligation to pay those women their entitlements, an obligation which it conceded indirectly in the courts. I share the annoyance of others in regard to Deputy Ó Cuív's concern about where the money will be found to pay these women. I also share the view of Members from this side who stated that money can be found for other types of payment. If, say, headage payments were involved, money would be found. Media reports in the past 24 hours indicated that beef premia would be worth twice as much to farmers this year because they were previously set at a figure which anticipated much lower livestock prices. However, those payments will not be cut back. If money needs to be found in that area, it will be found. The Government should concede in principle on this issue and then decide how to pay. It will involve a large sum of money, but it can be paid on a phased basis.

I agree with much that Deputy Callely said. The matter was not dealt with in 1984, 1985 or 1986 because of the huge costs involved. At that time it included a negative cost, a huge political cost. Equalising up the payments would have led to a permanent position of double payments; therefore, equalising down was the only option. It would have been difficult for any Government to tell people that £20 or £40 would have to be deducted from their weekly payments. The matter was put off because it had negative as well as positive consequences. It was a matter of bringing equality into a paternalistic social welfare system and that was difficult to do. Eventually this was done, but an entitlement had built up because of the delay and we all accept that.

At the time of implementation we correctly decided on alleviation payments. In the last two budgets the Minister introduced taxation on social welfare benefits and as a result people lost up to £15 per week in take home pay. One can imagine how difficult it would have been to ask people to suffer a loss of £40 or more per week, depending on the size of their families. While the alleviation payments were all well motivated we did not anticipate the consequences of maintaining an element of discriminatory treatment in the system. When first introduced the alleviating payments were paid to male recipients and that continued to be the case. It is only in the last year or two it received the new title of "household subsidy" because that suits the argument the Government is using to avoid its responsibility. For the first five or six years an alleviating payment was paid directly to males and, unwittingly, another discriminatory element was introduced. That must be faced up to now. While it may suit the Government to say that this matter arose as a result of policies adopted between 1984 and 1986, many of the obligations to which we are referring relate to the period between 1987 and 1993. During the period 1984 to 1986 the Opposition continually called for assistance for those families who were losing money and even with the introduction of the alleviating payments the public were very critical of the consequences. Perhaps in hindsight it should have been called a household payment and these obligations might have been avoided, but that was not the case and the obligations must be honoured.

I am somewhat to blame for a lack of diligence in pursing this issue. I took at face value many of the communications I received from the Department of Social Welfare in this regard. When I made representations to the Department on behalf of individuals I received replies stating that X or Y had received their full entitlements under the law. When I made inquiries about the second round I was told it was no longer an alleviating payment but a household subsidy. The ground shifted, and it was only as a consequence of the successful court case that I became aware of the attempts of the Departments of Social Welfare to manipulate information on this matter. While many women have accepted their payments as total compensation, they were based on an assessment of their entitlements by the Department of Social Welfare which I am sure would differ greatly from an entitlement tested in court. Many women received much less than they are entitled to and the Government fails to acknowledge any further obligation in the matter.

Eight hundred women in Cork brought their cases to a successful conclusion which finally convinced me that the nature of the communications from the Department was deliberately obfuscating and prevaricating and that has been the case throughout this debate. The Government has continued deliberately to mislead people. Many women believe they have received all they are entitled to, but that is not the case. Some of them may not even have got their full entitlements for the period between 1984 and 1986. A case in respect of another large group of women is pending and the only advice we as public representatives can offer those women is to seek legal advice. That is the only way they can be guaranteed their just entitlements.

This matter did not arise as a result of what happened between 1984 and 1986, but because of the attitude of this Government and the failure of the Minister to accept his responsibilities. I acknowledge that the Minister has introduced many reforms in the social welfare system, but in this case he is coming out less than glorious. By using every trick in the book, the Government has fought every step of the way the legitimate cases of these women for their just entitlements. Women have contacted me about this and attended meetings organised by Democratic Left in my constituency. That money will not be pin money, but an additional income to supplement a family budget which in many cases is partly made up of income women earn from cleaning jobs, relatively low skill jobs, working long hours in a clothing factory or part-time work in shops. Money paid to this group of women who have family responsibilities will be used to good effect in the vast majority of cases.

I am glad to have the opportunity to contribute and to put on record my acceptance that these obligations occurred unwittingly, but they did and must be honoured. We accept our share of the responsibility. It was a difficult issue. The attempt to soften the blow of the consequences of the equality directive which was applied to a different system with a different philosophy led to those difficulties. The Government cannot avoid its responsibility to deal with the problem which continued during the period 1987 to 1993 and it should face up to it. We should accept the obligation and discuss with the women and their representatives how it can be met, phased in or otherwise dealt with over a period of time.

I wish to share my time with Deputy Rabbitte.

I am sure that is agreed.

In the Programme for a Partnership Government the Government is firmly committed to eliminating inequality for all groups in society who have suffered disability, disadvantage or discrimination. Yet, thousands of women have been seriously disadvantaged and discriminated against, but there is no commitment to do anything about it. Official Government obstacles have been put in their way, including a despicable attempts to use the courts against them. Is that justice? How does the commitment to equality stand now? We have a Minister for Equality, but what good is he to those thousands of women? Does he feel uncomfortable sitting around the Cabinet table with a colleague who consistently obstructs the equal treatment of women? If he wishes to live up to his name, he should actively defend the rights of those women.

We were told yesterday that those legitimate claims would impose a huge burden on the taxpayer. That is the weakest defence I have heard from the Minister. With his obfuscation, misinformation and general blather he is now trying to threaten women into submission.

That is not true, it is misrepresentation. Whoever wrote the script for the Deputy was not here and does not understand the position.

That is the way the Minister treats all women.

The Deputy's colleague is in the throes of an election. The court should be left to deal with the matter to resolve it.

I recommend the Minister to keep his words soft and sweet because he will have to swallow every one of them.

Deputies

Hear, hear.

The Minister is an implementer.

That is not permitted.

Women will not be cowed or sold out.

The Minister is touchy.

He is under pressure, he is becoming sensitive.

Deputy McManus, without interruption.

There is no difficulty in finding money to compensate big farmers and to reward the rich and crooked with a tax amnesty.

All the payments made under the legislation——

Deputy McManus is entitled to speak without being interrupted, but she should address her comments through the Chair.

I certainly will if I am allowed.

The Chair will endeavour to ensure the Deputy is allowed to proceed uninterrupted.

That is much appreciated. Rich farmers have been awarded £138 million compensation, for something they are not suffering. There is never any shortage of taxpayers' money for those with privileged access to power, there is only a shortage when dealing with ordinary women in straitened circumstances. The nub of the problem is that the people concerned are married women with no clout. That is the reason for the Minister's complacency.

Thousands of women have been denied their rights to equality of treatment by the Minister's Department. The Department has refused full payments, including alleviation payments. The women involved have not been informed of their rights and many have been forced to take legal action to secure justice.

One of the most alarming aspects of this affair is that the Department has been secretive about information on claims settled and payments made.

That is not true.

It is true and there are plenty of letters to prove it.

Yesterday the Minister denied there was an attempt to draw a veil of secrecy over the issues involved. I am not convinced by his statement. Last October his officials refused to attend a meeting of the Oireachtas Joint Committee on Women's Rights where the issue was to be discussed. The Minister for Social Welfare did not feel confident enough——

On 12 October the Taoiseach attended a meeting.

Tomorrow the Minister will have an opportunity to attend the Oireachtas Joint Committee on Women's Affairs.

The Deputy did not attend that meeting.

Deputy Callely should stop acting like a boot boy.

He received an invitation to attend a meeting tomorrow.

I offered to attend a meeting last week, but I was told I could not. I will be away tomorrow.

Congratulations, that is a great excuse.

It is not an excuse. The Deputy should not be childish.

It is called a diplomatic absence. In case the Minister happens to be found in the building and to avoid having to answer awkward questions he has been able to invoke the sub judice rule to cover his tracks. He has not spoken openly about this issue, he has withheld information and refused to talk about public money. He has ensured that women must keep the struggle going to win their rights. The modern women's movement is more than 25 years old. I listened to Deputy Callely earlier with interest. He reminded me of the dog who listens to his master's voice and he certainly mimicked the Minister well today.

The Deputy did not understand the script she was given to read.

It is not the prerogative of Fianna Fáil to obstruct women's rights, a Labour Minister manfully tried to prevent women winning their right to equal pay and equal pay legislation. The Minister is in for the same battle. The country cannot afford not to concede on this issue. Thousands of women have entitlements and are willing to fight for them, through the courts if necessary. One Minister, backed up by his baying backbenchers, will not be able to withstand the justice sought by thousands of women.

I thank the Deputies who contributed to the debate, Deputy Allen, his Fine Gael colleagues and Deputy Keogh and the Progressive Democrats for their support. I was astonished that, with the honourable exception of the Cork Examiner, the other national newspapers did not consider last night's debate worthy of being recorded, despite the fact that almost 70,000 married women are owed substantial moneys by the State and deprived of their entitlement by the Minister.

The failure of the newspapers to regard the issue as one of any significance was surprising although the speech of the Minister for Social Welfare was not. The reaction of the Government to this motion has been characterised by the same sort of equivocation, evasion, sleight of hand and downright dishonesty which have been features of the response of Minister Woods and Minister Burton to the campaign of tens of thousands of married women for the payment of arrears of social welfare and transitional payments to which they are clearly entitled.

That is nonsense.

Last night the Minister spent most of his time dealing with matters not at issue. He again deliberately sought to confuse the public and the House by mixing up arrears in respect of the period 1984-86 — which were paid and which are not at issue — with arrears of transitional payments for the period 1986-92 which in the main have not been paid and which are at issue.

The matter is before the courts.

No matter what way the Minister may try to duck and weave and obfuscate and befuddle there are a number of indisputable facts.

On a point of order——

Take your medicine like a man.

Of course I will. I do not need to worry about medicine from the Democratic Left.

(Interruptions.)

On a point of order, the specific issue——

On a point of order, the Minister has no right to interrupt the Deputy.

The matter is before the courts. When an issue is before the courts for resolution, currently scheduled for later this month, is that matter not sub judice——

That is not a point of order. The Minister is repeating last night's speech.

——and am I not constrained, and is the House not constrained, as to what we can say about it? Where stands the sub judice rule?

This is a filibuster. The Minister is hiding behind the Chair.

The Minister is clearly out of order, will the Chair make him sit down?

The Deputy is abusing the sub judice rule.

Deputy Rabbitte, without further interruption.

Let me give the Minister a few facts, the first is that the European Court, in a judgment on 13 March 1991 ruled that under the European Union Social Welfare Equalisation Regulations two Irish women, Nora McDermott and Anne Cotter were entitled to arrears of transitional payments. The Government accepted the decision and paid up.

The second fact is that legal proceedings were initiated in the courts by FLAC on behalf of 1,800 Irish women, also claiming arrears of transitional payments. On 12 April, before the case could come to a hearing, the Department of Social Welfare negotiated an out of court settlement with these women and agreed to pay up despite earlier denials. Payments will be made to the women concerned over the next few months. The third fact is that in a number of other cases taken by various solicitors on behalf of individual women or groups of women the Department of Social Welfare also settled out of court and paid up. Because of the attempt of the Minister and his junior Minister, Minister Burton, to draw a veil of secrecy over the whole issue, we do not know how many people were involved in these cases, but it has been suggested that it is not less than 3,000.

The fourth fact is that, despite having conceded the validity of the cases taken by these women, and having paid substantial amounts of arrears and interest, the Department is now refusing to make similar payments to tens of thousands of other married women who meet exactly the same conditions and who suffered exactly the same discrimination as the other women who have been compensated. Regardless of what gloss the Minister seeks to put on it, irrespective of what legal excuses he advances and attempts to shelter behind, the fact is that tens of thousands of married women have been treated in a shameful way. They are being discriminated against and treated as second class citizens. They are denied payments to which they are entitled as citizens of the European Union and being short changed. Indeed, one could say the are being defrauded.

The Deputy left out fact number five.

It is hard to avoid the conclusion that they are being treated in this shabby way because they are women and because many of them are from low income families.

That is not true.

Despite the outstanding work done by FLAC and the organisation Married Women for Equality, they do not have lobbying muscle or political influence. Imagine the outcry if farmers were denied payments due to them. Imagine what we would hear from Deputy Callely who came into this House recently and boasted that he won concessions on the residential property tax.

(Interruptions.)

The Minister had plenty of time last night. He blustered and obfuscated, and now he will not shut up and hear the facts.

Let the courts deal with the issue.

A Leas-Cheann Comhairle, will you stop this man?

Deputy Callely came into the House and claimed responsibility for rolling back some of the residential property tax. All he could do tonight was to repeat extracts from the Minister's speech. There was no promise to lead a deputation to any Minister to overturn the injustice to women. At least his Labour Party colleague in Government, Deputy Seán Kenny, who alone of all the Labour Deputies attended in the House, supported the motion and argued strongly in its favour. I do not know whether it means that when we call a vote at 6 o'clock Deputy Kenny will do the honourable thing and support the motion by voting for it as well as speaking in favour of it. At least, unlike Minister Burton who is away in Greece, he had the guts to come into the House and argue on behalf of some of the women in his constituency who are being shamefully treated by the Government that he, apparently, will continue to support.

Last night I was strongly critical of the refusal of Ministers Woods and Burton to disclose details to the Dáil of the number of cases taken, the number settled and the amounts paid in compensation. Once again last night the Minister used every possible excuse to attempt to justify his refusal to disclose information to which, as Members, we are entitled. He said the matter is sub judice although cases which have already been settled could not possibly be sub judice.

The Deputy knows that the cases were settled on the basis of confidentiality. He should not mislead people.

I have the script of what the Minister said last night.

Do not mislead everybody.

Can this man be kept quiet, a Leas-Cheann Comhairle?

The Deputy has two minutes left.

It is a shame that my time is reduced to two mintues. This Minister last night pleaded, and I quote from the record: "... subject to conditions as to confidentiality and, consequently, the terms involved cannot be disclosed." This was his claim. I said the Minister imposed the conditions of confidentiality——

That is not true.

——and he denied it. It is right here in the script. Dr. Woods said "it is not true, and the Deputy knows that".

Let us leave it to the courts to decide.

Let me read to the House——

(Interruptions.)

Last night the Minister challenged me, and Deputy Allen, to substantiate the charge that his Department imposed the conditions of confidentiality that went with the settlements and said that what we said was not true. The Minister said that he wanted a letter. I have the letter. Let me read it.

He should resign.

The following letter was received this morning by Deputy Proinsias De Rossa from FLAC:

I refer to the above matter and confirm that the Settlement Agreement recently reached between the Department of Social Welfare and 1,800 married women represented by FLAC contains a confidentiality clause which precludes disclosure of the amounts of arrears payable to the Plaintiffs in this action.

FLAC has no wish to become involved in a political row over the terms of the Settlement of the Agreement. However, as the Minister for Social Welfare has raised the issue of which party to the Action inserted the confidentiality clause, I can confirm for the record that the confidentiality clause was a condition imposed by the Department of Social Welfare.

The Minister has no decent option open to him——

The Minister should now resign; he lied to the House.

It was an agreement between two parties.

The Minister misled this House because he did not think that any solicitor would provide the evidence. The Minister misled this House just as he has misled the tens of thousands of women who are entitled to their payments. He has refused them their payments, treated them shamefully and misled the House in the process.

The Minister lied to the House and he should resign.

(Interruptions.)

I will not hear a point of order while the Chair is standing. It is 6 p.m. I must put the question.

Question put: "That the amendment be made."
The Dáil divided: Tá, 60; Níl, 35.

  • Ahern, Dermot.
  • Ahern, Michael.
  • Ahern, Noel.
  • Aylward, Liam.
  • Bhreathnach, Niamh.
  • Brennan, Matt.
  • Brennan, Séamus.
  • Briscoe, Ben.
  • Broughan, Tommy.
  • Byrne, Hugh.
  • Callely, Ivor.
  • Connolly, Ger.
  • Coughlan, Mary.
  • Cowen, Brian.
  • Dempsey, Noel.
  • de Valera, Síle.
  • Doherty, Seán.
  • Ellis, John.
  • Fitzgerald, Brian.
  • Fitzgerald, Eithne.
  • Fitzgerald, Liam.
  • Gallagher, Pat.
  • Haughey, Seán.
  • Higgins, Michael D.
  • Hilliard, Colm M.
  • Jacob, Joe.
  • Kavanagh, Liam.
  • Kenny, Seán.
  • Killeen, Tony.
  • Kirk, Séamus.
  • Kitt, Michael P.
  • Kitt, Tom.
  • Lawlor, Liam.
  • Leonard, Jimmy.
  • Martin, Micheál.
  • McDowell, Derek.
  • Moffatt, Tom.
  • Morley, P.J.
  • Moynihan, Donal.
  • Moynihan-Cronin, Breeda.
  • Mulvihill, John.
  • Nolan, M.J.
  • Ó Cuív, Éamon.
  • O'Dea, Willie.
  • O'Hanlon, Rory.
  • O'Keeffe, Batt.
  • O'Leary, John.
  • O'Rourke, Mary.
  • O'Sullivan, Toddy.
  • Power, Seán.
  • Ryan, John.
  • Ryan, Seán.
  • Shortall, Róisín.
  • Smith, Brendan.
  • Smith, Michael.
  • Stagg, Emmet.
  • Taylor, Mervyn.
  • Treacy, Noel.
  • Wallace, Mary.
  • Woods, Michael.

CLASS="CP">Níl

  • Allen, Bernard.
  • Barrett, Seán.
  • Browne, John
  • (Carlow-Kilkenny).
  • Bruton, Richard.
  • Connor, John.
  • Creed, Michael.
  • Crowley, Frank.
  • Cullen, Martin.
  • Currie, Austin.
  • Deenihan, Jimmy.
  • De Rossa, Proinsias.
  • Doyle, Avril.
  • Dukes, Alan M.
  • Durkan, Bernard J.
  • Finucane, Michael.
  • Fitzgerald, Frances.
  • Flanagan, Charles.
  • Gilmore, Eamon.
  • Gregory, Tony.
  • Harney, Mary.
  • Harte, Paddy.
  • Hogan, Philip.
  • Kenny, Enda.
  • Keogh, Helen.
  • Lowry, Michael.
  • McGahon, Brendan.
  • McGinley, Dinny.
  • McManus, Liz.
  • Noonan, Michael.(Limerick East).
  • O'Donnell, Liz.
  • O'Keeffe, Jim.
  • O'Malley, Desmond J.
  • Owen, Nora.
  • Quill, Máirín.
  • Rabbitte, Pat.
CLASS="CP">Tellers: Tá, Deputies Dempsey and B. Fitzgerald; Níl, Deputies McManus and E. Kenny.
Amendment declared carried.
Motion, as amended, put and declared carried.
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